Dennis v. Board of Public Safety of Fort Wayne
2011 Ind. App. LEXIS 225
| Ind. Ct. App. | 2011Background
- Officer Dennis was placed on unpaid administrative leave pending criminal charges under Ind. Code § 36-8-3-4(n).
- The battery charge against Dennis went to trial and he was acquitted in July 2009.
- After acquittal, the Board reinstated Dennis but denied back pay for the period of leave.
- Dennis filed a verified complaint for judicial review challenging the denial of back pay; the Board moved to dismiss.
- The trial court dismissed, ruling it lacked subject matter jurisdiction to review the Board's actions.
- The Court of Appeals held that the indefinite unpaid leave was a suspension >5 days subject to judicial review, and the finality date for review was the back-pay denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether indefinite unpaid leave is a suspension subject to review | Dennis | Board | Yes; indefinite leave is a suspension subject to review |
| When the Board's decision becomes final for purposes of timing | Dennis | Board | Final when back pay is denied, making the 30-day clock start then |
Key Cases Cited
- Cox v. Town of Rome City, 764 N.E.2d 242 (Ind.Ct.App.2002) (limits review to suspensions exceeding five days, demotion, or dismissal)
- Downing v. Bd. of Zoning Appeals of Whitley County, 274 N.E.2d 542 (Ind.App.1971) (finality requirement for administrative review)
- Shettle v. Meeks, 465 N.E.2d 1136 (Ind.Ct.App.1984) (finality prerequisite for judicial review)
- Johnson v. Celebration Fireworks, Inc., 829 N.E.2d 979 (Ind.2005) (exhaustion of administrative remedies before judicial review)
- Hammond Bd. of Pub. Works & Safety v. Doughty, 753 N.E.2d 97 (Ind.Ct.App.2001) (exhaustion principle for administrative remedies)